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20 U.S.C. § 3412 — Principal officers
Federal law — U.S. Code and appendices · legal_authorities
**(a) Deputy Secretary of Education**
(1) There shall be in the Department a Deputy Secretary of Education who shall be appointed by the President, by and with the advice and consent of the Senate. During the absence or disability of the Secretary, or in the event of a vacancy in the office of the Secretary, the Deputy Secretary shall act as Secretary. The Secretary shall designate the order in which other officials of the Department shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices.
(2)
(A) The Deputy Secretary shall have responsibility for the conduct of intergovernmental relations of the Department, including assuring (i) that the Department carries out its functions in a manner which supplements and complements the education policies, programs, and procedures of the States and the local school systems and other instrumentalities of the States, and (ii) that appropriate officials of the Department consult with individuals responsible for making policy relating to education in the States and the local school systems and other instrumentalities of the States concerning differences over education policies, programs, and procedures and concerning the impact of the rules and regulations of the Department on the States and the local school systems and other instrumentalities of the States.
(B) Local education authorities may inform the Deputy Secretary of any rules or regulations of the Department which are in conflict with another rule or regulation issued by any other Federal department or agency or with any other office of the Department. If the Deputy Secretary determines, after consultation with the appropriate Federal depart
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Source location: Title 20, Chapter 48, § 3412; chapter-048-department-of-education.md
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**(a) Deputy Secretary of Education**
(1) There shall be in the Department a Deputy Secretary of Education who shall be appointed by the President, by and with the advice and consent of the Senate. During the absence or disability of the Secretary, or in the event of a vacancy in the office of the Secretary, the Deputy Secretary shall act as Secretary. The Secretary shall designate the order in which other officials of the Department shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices.
(2)
(A) The Deputy Secretary shall have responsibility for the conduct of intergovernmental relations of the Department, including assuring (i) that the Department carries out its functions in a manner which supplements and complements the education policies, programs, and procedures of the States and the local school systems and other instrumentalities of the States, and (ii) that appropriate officials of the Department consult with individuals responsible for making policy relating to education in the States and the local school systems and other instrumentalities of the States concerning differences over education policies, programs, and procedures and concerning the impact of the rules and regulations of the Department on the States and the local school systems and other instrumentalities of the States.
(B) Local education authorities may inform the Deputy Secretary of any rules or regulations of the Department which are in conflict with another rule or regulation issued by any other Federal department or agency or with any other office of the Department. If the Deputy Secretary determines, after consultation with the appropriate Federal department or agency, that such a conflict does exist, the Deputy Secretary shall report such conflict or conflicts to the appropriate Federal department or agency together with recommendations for the correction of the conflict.
**(b) Assistant Secretaries and General Counsel**
(1) There shall be in the Department—
(A) an Assistant Secretary for Elementary and Secondary Education;
(B) an Assistant Secretary for Postsecondary Education;
(C) an Assistant Secretary for Career, Technical, and Adult Education;
(D) an Assistant Secretary for Special Education and Rehabilitative Services;
(E) an Assistant Secretary for Civil Rights; and
(F) a General Counsel.
(2) Each of the Assistant Secretaries and the General Counsel shall be appointed by the President, by and with the advice and consent of the Senate.
(3) There shall be in the Department, a Special Assistant for Gender Equity who shall be appointed by the Secretary. The Special Assistant shall promote, coordinate, and evaluate gender equity programs, including the dissemination of information, technical assistance, and coordination of research activities. The Special Assistant shall advise the Secretary and Deputy Secretary on all matters relating to gender equity.
(4) There shall be in the Department a Director of the Institute of Education Sciences who shall be appointed in accordance with section 114(a) of the Education Sciences Reform Act of 2002 [[20 U.S.C. 9514(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9514/a&num=0&edition=prelim)] and perform the duties described in that Act [[20 U.S.C. 9501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9501&num=0&edition=prelim) et seq.].
**(c) Inspector General** There shall be in the Department an Inspector General appointed in accordance with chapter 4 of title 5.
**(d) Under Secretary of Education** There may be in the Department an Under Secretary of Education who shall perform such functions as the Secretary may prescribe. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
**(e) Additional officers** There shall be in the Department four additional officers who shall be appointed by the President, by and with the advice and consent of the Senate. Notwithstanding the previous sentence, the appointments of individuals to serve as the Assistant Secretary for Management shall not be subject to the advice and consent of the Senate. The officers appointed under this subsection shall perform such functions as the Secretary shall prescribe, including—
(1) congressional relations functions;
(2) public information functions, including the provision, through the use of the latest technologies, of useful information about education and related opportunities to students, parents, and communities;
(3) functions related to monitoring parental and public participation in programs where such participation is required by law, and encouraging the involvement of parents, students, and the public in the development and implementation of departmental programs;
(4) management and budget functions;
(5) planning, evaluation, and policy development functions, including development of policies to promote the efficient and coordinated administration of the Department and its programs and to encourage improvements in education; and
(6) functions related to encouraging and promoting the study of foreign languages and the study of cultures of other countries at the elementary, secondary, and postsecondary levels.
**(f) Statements of functions of nominees** Whenever the President submits the name of an individual to the Senate for confirmation as an officer of the Department under this section, the President shall state the particular functions of the Department such individual will exercise upon taking office.
**(g) Supervision by Secretary** Each officer of the Department established under this section shall report directly to the Secretary and shall, in addition to any functions vested in or required to be delegated to such officer, perform such additional functions as the Secretary may prescribe.
**(h) Coordination of literacy related functions by Assistant Secretary for Career, Technical, and Adult Education** The Assistant Secretary for Career, Technical, and Adult Education, in addition to performing such functions as the Secretary may prescribe, shall have responsibility for coordination of all literacy related programs and policy initiatives in the Department. The Assistant Secretary for Career, Technical, and Adult Education shall assist in coordinating the related activities and programs of other Federal departments and agencies.
**(i) Liaison for Community and Junior Colleges**
(1) There shall be in the Department a Liaison for Community and Junior Colleges, who shall be an officer of the Department appointed by the Secretary.
(2) The Secretary shall appoint, not later than 6 months after July 23, 1992, as the Liaison for Community and Junior Colleges a person who—
(A) has attained an associate degree from a community or junior college; or
(B) has been employed in a community or junior college setting for not less than 5 years.
(3) The Liaison for Community and Junior Colleges shall—
(A) serve as principal advisor to the Secretary on matters affecting community and junior colleges;
(B) provide guidance to programs within the Department dealing with functions affecting community and junior colleges; and
(C) work with the Federal Interagency Committee on Education to improve coordination of—
(i) the outreach programs in the numerous Federal departments and agencies that administer education and job training programs;
(ii) collaborative business education partnerships; and
(iii) education programs located in, and regarding, rural areas.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5314
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated to administer and carry out this subchapter (except [section 9564 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9564&num=0&edition=prelim)) $400,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which—
(1) not less than the amount provided to the National Center for Education Statistics (as such Center was in existence on the day before November 5, 2002) for fiscal year 2002 shall be provided to the National Center for Education Statistics, as authorized under part C; and
(2) not more than the lesser of 2 percent of such funds or $1,000,000 shall be made available to carry out [section 9516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9516&num=0&edition=prelim) (relating to the National Board for Education Sciences).
**(b) Regional educational laboratories** There are authorized to be appropriated to carry out [section 9564 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9564&num=0&edition=prelim) $100,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 5 succeeding fiscal years. Of the amounts appropriated under the preceding sentence for a fiscal year, the Director shall obligate not less than 25 percent to carry out such purpose with respect to rural areas (including schools funded by the Bureau which are located in rural areas).
**(c) Availability** Amounts made available under this section shall remain available until expended.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9501
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of this chapter, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this chapter to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, unless otherwise provided or indicated by the context—
(1) the term “Department” means the Department of Education or any component thereof;
(2) the term “Secretary” means the Secretary of Education;
(3) the term “Deputy Secretary” means the Deputy Secretary of Education;
(4) the term “function” includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program;
(5) the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands;
(6) the terms “private” and “private educational” refer to independent, nonpublic, and private institutions of elementary, secondary, and postsecondary education; and
(7) the term “office” includes any office, institute, council, unit, organizational entity, or component thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3404
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Federal law — U.S. Code and appendices · legal_authorities
Page 1162
TITLE 20—EDUCATION
§ 3412
(c) Within 30 days of the date of this memorandum,
each member of the Task Force shall provide rec-
ommended indicators of life outcomes for the public
Web site described in subsection (a)(i) of this section,
and a plan for providing data on such indicators.
(d) Within 45 days of the date of this memorandum,
each member of the Task Force shall identify any rel-
evant programs and data-driven assessments within the
member’s department or agency for consideration in
the portal described in subsection (a)(iii) of this sec-
tion.
(e) Within 90 days of the date of this memorandum,
the Task Force shall provide the President with a re-
port on its progress and recommendations with respect
to the functions set forth in subsection (a) of this sec-
tion. Additionally, the Task Force shall provide, within
1 year of the date of this memorandum, a status report
to the President regarding the implementation of this
memorandum.
(f) The Task Force shall also provide a status report
to the President regarding the implementation of this
memorandum at least once each calendar year. In addi-
tion, every 2 years, the Task Force shall review the rec-
ommendations from the 90-day report, determine
whether updated recommendations should be sent to
the President, and evaluate whether the set of critical
indicators of life outcomes should be updated.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law or Executive Order
to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
s
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 3412
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Federal law — U.S. Code and appendices · legal_authorities
Page 1702
TITLE 20—EDUCATION
§ 9501
(C) other individuals concerned with early
learning issues in the locality, such as rep-
resentative entities providing elementary
education, child care resource and referral
services, early learning opportunities, child
care, and health services; and
(D) other key community leaders.
(2) Designating existing entity
If a local government entity, Indian tribe,
Regional Corporation, or Native Hawaiian en-
tity has, before December 21, 2000, a Local
Council or a regional entity that is com-
parable to the Local Council described in para-
graph (1), the entity, tribe, or corporation may
designate the council or entity as a Local
Council under this chapter, and shall be con-
sidered to have established a Local Council in
compliance with this subsection.
(3) Functions
The Local Council shall be responsible for
preparing and submitting the application de-
scribed in section 9412 of this title.
(b) Administration
(1) Administrative costs
Not more than 3 percent of the funds re-
ceived by a Local Council under this chapter
shall be used to pay for the administrative
costs of the Local Council in carrying out this
chapter.
(2) Fiscal agent
A Local Council may designate any entity,
with a demonstrated capacity for admin-
istering grants, that is affected by, or con-
cerned with, early learning issues, including
the State, to serve as fiscal agent for the ad-
ministration of grant funds received by the
Local Council under this chapter.
(Pub. L. 106–554, § 1(a)(1) [title VIII, § 814], Dec.
21, 2000, 114 Stat. 2763, 2763A–88.)
CHAPTER 76—EDUCATION RESEARCH, STA-
TISTICS, EVALUATION, INFORMATION, AND
DISSEMINATION
SUBCHAPTER I—EDUCATION SCIENCES REFORM
Sec.
9501.
Definitions.
PART A—THE INSTITUTE OF EDUCATION SCIENCE
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 9501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation of authority** Notwithstanding [section 3472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3472&num=0&edition=prelim), the Secretary shall delegate to the Director all functions for carrying out this subchapter (other than administrative and support functions), except that—
(1) nothing in this subchapter or in subchapter III of this chapter (except [section 9621(e)(1)(J) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9621/e/1/J&num=0&edition=prelim)) shall be construed to alter or diminish the role, responsibilities, or authority of the National Assessment Governing Board with respect to the National Assessment of Educational Progress (including with respect to the methodologies of the National Assessment of Educational Progress described in [section 9621(e)(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9621/e/1/E&num=0&edition=prelim)) from those authorized by the National Education Statistics Act of 1994 ([20 U.S.C. 9001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9001&num=0&edition=prelim) et seq.) on the day before November 5, 2002;
(2) members of the National Assessment Governing Board shall continue to be appointed by the Secretary;
(3) [section 9621(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9621/f/1&num=0&edition=prelim) shall apply to the National Assessment Governing Board in the exercise of its responsibilities under this Act;
(4) sections 9515 and 9516 of this title shall not apply to the National Assessment of Educational Progress; and
(5) sections 9515 and 9516 of this title shall not apply to the National Asses
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9514
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Federal law — U.S. Code and appendices · legal_authorities
Page 1706
TITLE 20—EDUCATION
§ 9514
(5) sections 9515 and 9516 of this title shall
not apply to the National Assessment Gov-
erning Board.
(b) Other activities
The Secretary may assign the Institute re-
sponsibility for administering other activities, if
those activities are consistent with—
(1) the Institute’s priorities, as approved by
the National Board for Education Sciences
under section 9516 of this title, and the Insti-
tute’s mission, as described in section 9511(b)
of this title; or
(2) the Institute’s mission, but only if those
activities do not divert the Institute from its
priorities.
(Pub. L. 107–279, title I, § 113, Nov. 5, 2002, 116
Stat. 1945.)
Editorial Notes
REFERENCES IN TEXT
The National Education Statistics Act of 1994, re-
ferred to in subsec. (a)(1), is title IV of Pub. L. 103–382,
Oct. 20, 1994, 108 Stat. 4029, which was classified gen-
erally to chapter 71 (§ 9001 et seq.) of this title, prior to
repeal by Pub. L. 107–279, title IV, § 403(1), Nov. 5, 2002,
116 Stat. 1985. Provisions relating to education statis-
tics are now contained in part C (§ 9541 et seq.) of this
subchapter.
This Act, referred to in subsec. (a)(3), means Pub. L.
107–279, Nov. 5, 2002, 116 Stat. 1940, which enacted this
chapter and section 3419 of this title, amended sections
1232j, 3412, 3461, 6194, 6311, 6312, 7013, 7451, 7703, 7909, 9007,
9010, 9011, 9573, 9623, and 9624 and former sections 6317,
6491, 6932, 7253c, 7283b, and 7283d of this title and section
5315 of Title 5, Government Organization and Employ-
ees, transferred sections 9010 and 9011 of this title to
sections 9621 and 9622 of this title, respectively, re-
pealed sections 3419, 6011, 6021, 6031, 6041, 6051, 6053 to
6053e, 6054 to 6054b, 6055 to 6055h, 6056, 6056a, 9001 to 9009,
a
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 9514
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